Copyright and Copyright Complaint Policy

1. Purpose

This policy outlines Therapas’ procedures for handling copyright infringement claims to protect the company from liability under the Copyright Act 1968 (Cth) and the Copyright Regulations 2017 (Cth). By complying with the Safe Harbour provisions, Therapas seeks to minimize legal risks while ensuring fair treatment of copyright owners and users of its services.

This policy applies to all employees, contractors, and third parties using Therapas’ systems, networks, or services in connection with copyrighted material.

Therapas utilises user generated copyright and takes all reasonable precautions to ensure that the rights of righholders are not infringed.

2. Copyright Infringement Complaints

2.1 Types of Alleged Infringements

A copyright breach may include, but is not limited to:

• Unauthorised copying, distribution, or use of copyrighted material (e.g., text, images, software, audio-visual content);
• Illegal downloading or sharing of copyrighted works via Therapas’ platform; orm
• Use of unlicensed software or digital assets in violation of copyright laws.

2.2 Designated Copyright Representative

To comply with Safe Harbour provisions, Therapas has appointed a Copyright Compliance Officer (CCO) who:

• Receives and processes takedown notices and counter-notices.
• Manages copyright complaints in accordance with this policy.

3. Takedown Notices

3.1 Receiving a Takedown Notice

If Therapas receives a valid takedown notice (per Schedule 2 of the Copyright Regulations), the Copyright Compliance Officer will:

• Notify the Legal Counsel of the alleged infringement.
• Promptly remove or disable access to the disputed material.

Notify the uploader (if applicable) by providing:

• A copy of the takedown notice.
• A statement confirming removal and their right to submit a counter-notice within 3 months.

3.2 Handling Counter-Notices

If the uploader disputes the claim, they may submit a counter-notice (as per Schedule 2). Upon receipt:

• The CCO will forward the counter-notice to the original complainant.
• The complainant has 10 business days to take legal action.
• If no action is taken, Therapas may restore the material.
• The CCO will update the Legal Counsel on actions taken.

3.3 Takedowns for Links & Cached Content

Links: Therapas will remove or disable infringing links upon notice.

Cached Material: If a rightsholder confirms removal from the original source, Therapas will expeditiously remove cached copies.

4. Proactive Removal of Infringing Content

Therapas reserves the right to remove or block access to material without a takedown notice if:

• There is clear evidence of infringement.
• Circumstances suggest a high likelihood of infringement.
• The uploader will be notified and may submit a counter-notice within 3 months.

5. Reporting Copyright Violations

All employees and users must report suspected copyright breaches to:

• Their direct manager/supervisor, or
• The Copyright Compliance Officer (if a conflict of interest exists).

5.1 Investigation & Remedial Actions

Managers must investigate reports and notify the CCO of confirmed breaches.

Remedial actions may include:

• Removal or destruction of infringing material.
• Issuing directives to cease unauthorized use.

Individuals accused of infringement will be:

• Promptly notified.
• Given a fair opportunity to respond before action is taken.

6. Responsibilities

Copyright Compliance Officer (CCO):

• Manages copyright records and compliance.
• Investigates infringement claims and enforces corrective actions.
• Escalates unresolved issues to senior management if necessary.

This policy ensures Therapas operates within legal boundaries while respecting intellectual property rights.

Last Updated: 1 Jan 2025
Contact: [email protected]